Jiba, Mrwebi suspended pending inquiry into their fitness

President Cyril Ramaphosa has suspended deputy national director of public prosecutions Advocate Nomgcobo Jiba and special director of public prosecutions Advocate Lawrence Mrwebi pending the outcome of an inquiry into their fitness to hold office.

The presidency said in August that the inquiries would be established in terms of section 12(6) of the National Prosecuting Authority (NPA) Act.

Ramaphosa had invited Jiba and Mrwebi to make submissions by August 10 as to why they should not be suspended pending this inquiry.

The two reportedly filed their submissions on time.

Jiba and Mrwebi’s suspension will be effective today, 25 October, and the two will be on suspension on full pay pending finalisation of the inquiry.

The presidency said in a statement that the inquiries would be led by Justice Yvonne Mokgoro, assisted by Kgomotso Moroka SC and Attorney Thenjiwe Vilakazi. The evidence-leading team – which will be led by Nazreen Bawa SC – will develop the terms of reference.

In letters to Jiba and Mrwebi, Ramaphosa said: “I have taken into account the serious nature of allegations that you are unfit to be in so high an office, where the work of our criminal justice system is central to the critical and pressing matter of all prosecutions, especially prosecution of corruption cases and safeguard of our public purse. You hold a senior position with influence over a large swathe of the NPA. It is the interest of the NPA’s image as a whole that I consider here, and of the integrity of an inquiry that must result in the clearest and most convincing conclusions about the integrity, and sound leadership of the NPA.”

The inquiries will not take the form of a judicial inquiry or a commission of inquiry, the statement reads, instead, it is an internal process that is expected to advise the President on the fitness of the two senior officials to hold high office in the National Prosecuting Authority.

The president said the inquiry was important because of the public’s trust in the NPA and its most senior management.

“It is a constitutional institution that is central to the proper administration of justice. Doubt about the fitness and integrity of anyone in so senior a position as you hold jeopardises this trust and the ability of the NPA as a whole,” Ramaphosa said in letters to Jiba and Mrwebi.

“The allegations made in these various judgments have been in the public domain for many years now, and despite the litigation at issue not reaching conclusion the pronouncements by these various members of the judiciary have negatively tainted the image of the NPA and will continue to do so until fully ventilated and addressed.”

Both Jiba and Mrwebi were placed on special leave in 2016, and last year the Pretoria High Court set aside a decision by NPA head Shaun Abrahams to withdraw fraud and perjury charges against Jiba.

They were barred from performing their functions at the NPA pending the outcome of their appeal against their scrapping off the roll.

Jiba was accused of breaching this condition and recently visiting the NPA offices.

On July 10, the Supreme Court of Appeal (SCA) overturned the striking off the roll of Jiba and Mrwebi. In a majority judgment delivered by Judge Connie Mocumie, the SCA upheld their appeal against a 2016 ruling by the Pretoria High Court with costs.

The court set out the three guidelines for removing an advocate from the roll, namely proven misconduct, the discretionary view that he or she is not fit to practice in the profession, and whether suspension would suffice.

With regard to Jiba, the appeal court found that the General Council of the Bar (GCB) had failed to establish misconduct on her part with regard to the handling of the case of Richard Mdluli, the former crime intelligence boss who controversially escaped fraud and corruption charges.

The GCB’s complaint against Mrwebi also related to the Mdluli matter, and particularly that he had misrepresented the extent of his consultation with the NPA’s Advocate Sibongile Mzinyathi before taking a decision to withdraw the charges.

The appeal court found that the GCB did establish misconduct on the part of Mrwebi, but that the sanction of scrapping him off the role was not justified because his conduct did not bring him personal gain.

“The majority judgment further held that the High Court materially misdirected itself in striking Mrwebi from the roll, it failed to consider why suspension was not an appropriate sanction. The majority judgment held that the appropriate sanction is for Mrwebi to be suspended as an advocate for a period of six months from the date of 15 September 2016.”

A dissenting judgment by Judge Christiaan Van der Merwe held that the appeals of Jiba and Mrwebi should fail and the cross appeal of the GCB should succeed.

– Additional reporting, African News Agency (ANA)

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